TINJAUAN YURIDIS PENERAPAN PASAL 114 UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM DALAM PERKARA DI PENGADILAN NEGERI TALUK KUANTAN (Studi Putusan Nomor: 7/Pid.Sus-Anak/2024/PN Tlk)

Abstract

This research discusses the implementation of Article 114 of Law Number 35 of 2009 on Narcotics concerning children in conflict with the law, particularly in cases involving their role as intermediaries in the sale and purchase of Category I narcotics. The urgency of this study lies in the phenomenon of the increasing number of children who are addicted to narcotics and vulnerable to being involved in illegal drug trafficking as couriers in exchange for compensation. Based on this background, the study formulates two main research questions: (1) What are the judges’ considerations in imposing criminal sanctions on children who act as intermediaries in transactions involving Category I narcotics? and (2) How is the execution of court decisions carried out against such children? This study is categorized as a sociological (empirical) legal research employing a descriptive-analytical approach, based on an examination of Taluk Kuantan District Court Decision Number: 7/Pid.Sus-Anak/2024/Pn Tlk. Theoretically, this research contributes to expanding knowledge in the field of juvenile criminal law, while practically, it provides insights and recommendations for law enforcement officers in handling cases involving children engaged in criminal acts. The findings show that the implementation of Article 114 of the Narcotics Law concerning children still faces several obstacles, particularly in balancing the imposition of criminal sanctions with the principle of restorative justice. Although the child was charged under Article 114, the panel of judges considered juridical facts, the child’s social condition, as well as evidence and witness testimonies. The judges decided that the sentence need not be served unless the child violates the terms during a two-year probation period. In addition, the child was required to perform 120 hours of community service at a place of worship and to participate in three months of vocational training.